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Posts Tagged ‘settlement’

Thoughts on the McDonalds Hot Coffee Case

Friday, August 7th, 2009

You may have received an email about a “frivolous” lawsuit over a woman spilling McDonalds coffee in her lap—and winning millions of dollars. It is suspected that emails like these are widely circulated by the “spin doctors” in charge of pushing propaganda to get people to support tort reform.

Those emails were slanted to support their agenda and did not truthfully report what happened to Ms. Liebeck, the elderly injured woman. Here’s what they might not have told you:

  • She received third degree burns to her inner thighs, genitals, and buttocks.
  • She was in the hospital for eight days. She had to have skin grafts and burned tissue surgically removed.
  • The coffee was 185 degrees. Testimony by McDonald’s quality assurance manager indicated that they knew a burn hazard was present above 140 degrees, yet they chose to keep it 45 degrees hotter.
  • McDonalds own records indicate more than 700 people claimed they were burned by their coffee between 1982 and 1993, some third degree burns, and still the company refused to lower the temperature.
  • Ms. Liebeck originally tried to settle her claim with McDonalds for $20,000, but they refused.
  • A jury assigned her 20% responsibility for the injury because she spilled the coffee.
  • The judge said that McDonalds conduct was reckless, willful, and callous.

And what about those millions of dollars she received? Fiction. She was awarded $160,000 in compensatory damages. For punitive damages she was first awarded $2.7 million, the equivalent of two days of McDonalds coffee sales, but it was reduced to $480,000. After the verdict, Ms. Liebeck and McDonalds reached a settlement.

Do big corporations need to be held financially responsible for their reckless, willful, and callous actions when those actions harm someone? Are financial awards one of the few and most effective ways to hold those corporations responsible? As mesothelioma attorneys fighting for the rights of our clients, we strongly say “YES!”

If you or a loved one has developed mesothelioma from the negligence of an asbestos company, you have a right to seek compensation, just as Ms. Liebeck did. Contact our experienced mesothelioma lawyers today for a free consultation.

Asbestos Manufacturers Blame Navy

Wednesday, April 15th, 2009

Recently, we’ve litigated several mesothelioma cases involving men who were exposed to asbestos while serving in the Navy.  Asbestos products were used extensively in Navy ship  systems from 1940s through the 1970s.  Pumps, boilers, turbines, engines, motors, gaskets, valves, packing, fireproofing, and flame retardants all typically contained asbestos and service men and women that served during these years, either on the ships or in shipyards, had a risk of being exposed to some level of asbestos.

The Navy asbestos exposure clients we’ve represented were never warned during their service that exposure causes a host of asbestos-related conditions, including the deadly disease, malignant mesothelioma.

Today, it is increasingly difficult for manufacturers to argue that they weren’t aware that asbestos was dangerous – a tactic they leaned heavily on for the first years of mesothelioma litigation.  This difficulty stems from the large number of cases throughout the country that have proven that knowledge of the danger was widespread and widely covered up throughout the industry.  We have established that manufacturers saw that they were making huge profits from their asbestos products and made the decision that profit was more important than protecting human life.

In the Navy asbestos exposure cases we’ve litigated recently, defendants have taken a different approach: blame the Navy.  During trial, they argue that it is the Navy’s fault that these men and women were exposed to asbestos. They argue that the Navy knew about the dangers of asbestos and controlled the working environment of the sailors.

In representing our clients, one of the biggest flaws our mesothelioma attorneys have demonstrated against the argument above is the fact that the Navy actually relied on the product manufacturers to warn about the dangers of the products that they made and sold to the Navy.  Navy specifications actually required manufacturers to place warnings on their products, but these companies ignored those requirements. In addition, most of these manufacturers also produced the identical products for commercial use and never warned those commercial customers about the dangers of asbestos either.  The truth is, they were negligent and didn’t warn either military users or commercial users because it would negatively impact sales.  They pretend they are the victims of the Navy’s negligence.

At SEGLaw, our extensive experience with mesothelioma cases has made us extremely familiar with the defenses typically argued by asbestos product manufacturers.  We’re also skilled in out-maneuvering unusual or new defenses these defendants desperately try to use to escape responsibility for their negligent actions.  We take great pride in the settlements we’ve negotiated and verdicts we’ve won for our clients, the real victims.

Bankruptcy Trust Claims

Monday, February 16th, 2009

Over the last three decades, more than 70 corporations involved in asbestos lawsuits have filed for bankruptcy.  Many victims assume that if the company/companies they believe are responsible for their mesothelioma files bankruptcy, they will no longer be able to pursue any kind of financial compensation from that company.  This is rarely the case.

Most of these companies, with the court’s approval, form a Bankruptcy Trust. These trusts allow for current and future “legitimate” claims against the company to receive some kind of settlement.  Many factors affect how long it takes a claimant against a bankrupt company to receive a settlement, and how much that settlement might be.

W.R. Grace to Repay EPA for Asbestos Superfund Clean Up

Sunday, January 11th, 2009

The EPA announced in a recent press release that “W.R. Grace, a global supplier of specialty chemicals, has agreed to pay $250 million, the highest sum in the history of the Superfund program, to reimburse the federal government for the costs of the investigation and cleanup of asbestos contamination in Libby, Mont., the Justice Department and Environmental Protection Agency (EPA) announced today.”

This decision is just one of many against W.R. Grace after it was discovered that the company allegedly knowingly contaminated the Libby, Montana community and residents with asbestos from its vermiculite mines between 1963 and 1990.  It is estimated that up to 225 asbestos related deaths have occurred in the community.

 
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